CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, December 11, 2007

Council Chamber

Convened: 7:11 P.M.

Recessed: 9:40 P.M.
Reconvened: 9:51 P.M.
Adjourned: 9.59 P.M.

Mayor
Konstantina B. Lukes

www.ci.worcester.ma.us

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Communication of the City Manager transmitting communication providing an update of Economic Development initiatives monthly status report - December 2007.

Communication of the City Manager transmitting informational communication regarding the Economic Development Division's (EDD) small business retention and recruitment efforts and other coordinated City activities.

Mayor Lukes recognized Boy Scouts Troop 7 - Liberty Church, Shrewsbury, MA - who were attendence to observe the City Council meeting.

Motion Rushton - Commend the Worcester Police Department and State Police Crime Lab for their solving of a 23 year old murder of Ms. Johnson.

Councilor Joffrey A. Smith request to install streetlight at the intersection of Cumberland St. and Orono St.

Dan & Heather Gallivan request private street maintenance in Governors St. from Garrison St. to Oneida Ave.

Deborah Buniowski request sidewalk repavement & repair of curb in front of 98 Eureka St.

Councilor Gary Rosen request the installation of a guardrail in front of 20 Hadwen Lane in the interest of public safety.

Joe Blanchard request Residential Parking in Alsada Dr. from Monticello Dr. to Tallawanda Dr.

Rosa Mendez request to remove One Hour Parking, 5 a.m. to 3 p.m., in Exeter St.

Councilor Gary Rosen on behalf of Edward Coyle & Peter Dauderis request that the Standing Committee on Traffic and Parking consider taking steps to improve traffic safety issues in the vicinity of 20 Hadwen Lane.

Daniel & Irene Grim request to install "three-way stop" at the intersection of Monadnock Rd. and Sagamore Rd.

Bernadette Forget request removal of handicap parking sign in front of 58 Cohasset St.

Jo Hart & Wayne Field request the City Council to request the City Manager to cause future meetings of those boards and commissions under his jurisdiction to hold future meetings at times and places accessible to all persons who use public transit.

Jo Hart & Wayne Field request the City Council to request the City Manager to cause future meetings of the Worcester Regional Transit Authority Advisory Board to be tape recorded or court reported with follow-up transcripts available to the general public.

Jo Hart & Wayne Field request that the City Council consider declaring "fare-free days" for bus riders during those periods of holiday shopping when free parking at street meters is implemented for people who use private transportation.

Jo Hart & Wayne Field request that the City Council provide the general public with a status report of the Council's ideas and actions, past and future, in response to the information that was presented by the Executive Director of the Worcester Regional Transit Authority at the Council's meeting of October 16, 2007.

Ronal Madnick, Director of Worcester County Chapter of American Civil Liberties Union of Massachusetts, request to read at the beginning of the City Council meeting the first ten amendments to the Constitution of the United States, known collectively as the Bill of Rights, which was ratified on December 15, 1791. In 1941, 150 years after the Ten Amendments were ratified, President Franklin Roosevelt declared December 15th Bill of Rights Day. Further, request City Council declare December 15, 2007 as Bill of Rights Day.

FROM THE COMMITTEE ON HEALTH - Request City Manager contact Ms. Cherie K. Fisher of the Diabetes Foundation of Rhode Island to request data involving the existing yellow box initiative in Rhode Island.

FROM THE COMMITTEE ON HEALTH - Request City Manager forward to City Council statistical information concerning the number and type of overdose deaths in the city.

FROM THE COMMITTEE ON PUBLIC WORKS - Request City Manager provide the City Council with conceptual plans for Phase II improvements to the public areas in the vicinity of the Hanover Center for the Performing Arts and estimates of costs associated with those improvements.

Request City Manager refinance our eligible municipal bond debt which could save the city of Worcester over $1 Million in interest payments over the course of the bonded debt given current market conditions. Further, request that said savings in interest payments be applied to reconstructing streets and sidewalks. (Smith)

Request City Manager update City Council within two weeks concerning the initiative to create a West Boylston Street corridor including information concerning vacant properties and physical improvements. (Smith)

Request City Manager request Choose Worcester, Destination Worcester and the Worcester Business Development Corporation provide him with monthly reports on their specific efforts to increase economic development and improve quality of life of Worcester and add those reports to his monthly economic development report to City Council. (Rushton)

Request City Manager report to City Council which, if any, buildings within the city would be suitable for green roof systems that would reduce energy costs, reduce energy consumption and eventually impact favorably the real feel temperatures during hot weather months. (Rushton)

Request City Manager investigate and report to City Council the reasons for and solutions to the repeated power outages that occur at Lincoln Village, occurring so frequently that they have come to detract from a good quality of life. (Smith)

Request City Manager explore implementing a “Ticket for Tots program” which, during a specified 2-day time period people could exchange their parking tickets for a donation of toys with the same monetary value as the ticket with toys being donated to the Toys for Tots campaign, similar to what has been implemented in the City of Boston. (Smith)

Michael V. O'Brien, City Manager, transmitting communication requesting adoption of the Resolution to file and accept a Statewide Emergency Telecommunications Board (SETB) Training Grant.

Mayor Konstantina B. Lukes transmitting communication requesting adoption of the Order for donations for the purpose of funding the ceremonies, food and activities related to the inauguration of the Mayor, City Council and School Committee.

Michael V. O'Brien, City Manager, transmitting informational communication regarding the appointment of Thomas Zidelis as the Chief Financial Officer for the City of Worcester.

Michael V. O'Brien, City Manager, respectfully requests City Council approval to have an Executive Session on Tuesday, December 18, 2007, prior to the City Council to discuss strategy with respect to pending litigation.

REPORT OF THE COMMITTEE ON HEALTH Upon the Communication of the City Manager Transmitting communication relative to the report "Operation Yellow Box" be referred to the City Council's Standing Committee on Health: recommend accept Communication and adoption of the accompanying Order authorizing and requesting the City Manager, through the Commissioner of the Department of Public Health to establish a Yellow Box Program within the City of Worcester encompassing the attached component parts.

REPORT OF THE COMMITTEE ON HEALTH Upon the Communication of the City Manager Transmitting informational communication relative to Massachusetts Police Chiefs' experiences with syringe disposal sites: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON HEALTH Upon the Communication of David J. Rushford, City Clerk, transmitting response of Kevin Cranston, Director of the HIV/AIDS Bureau for the Massachusetts Department of Public Health, regarding the sites across the Commonwealth where syringe disposal kiosks or boxes have been accepted: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational Communication regarding improvements to Federal Square: recommend adoption of the accompanying Order authorizing and requesting City Manager to move forward with additional streetscape and right of way design concepts that are in the development stage for the revitalization of Federal Square in the vicinity of the Hanover Theater for the Performing Arts.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Karen Forbes et al request street resurfacing in Barnes Ave. off West Boylston St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Paul P. Clancy, Jr. request to resurface Fountain St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ya Ru Jiang request sidewalk repair in front of 7 Seneca St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Malkie Shaw request sidewalk repair from 49 to 61 Valley Hill Drive where needed: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of William Holbrook request to repair/replace the sidewalk at the corner of Thorne St. and Plantation St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sheila Egan request to repair/replace the sidewalk in front of 6 Vassar St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Beth Kheboian request sidewalk repair in front of driveway at 15 Franconia St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Beth Kheboian on behalf of Jerry & Ellen Martin request sidewalk repair in front of 18 Franconia St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Frederick C. Rushton on behalf of Mary Covello request the Department of Public Works to repair/replace the sidewalk in front of 15 Hanna Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Gary Rosen on behalf of Pamela Nelson request to repair/replace the sidewalk in front of 309 Burncoat St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Barbara Haller on behalf of Central Branch YMCA request sidewalk repair in Murray Ave. between Preston St. and Ethan Allen St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Philip St. Martin request that the sidewalk in front of 124 Amherst St. be repaired or replaced: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Paul Sheehan request sidewalks in the vicinity of 15 Nutmeg Drive be repaired: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Elizabeth Woods request sidewalk repair in front of 39 Indian Hill Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Sandy Spagnuolo, Property Manager of Royal Worcester Apartments, request abutting sidewalks in Hollis St. be repaired: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Geraldine Keyes request to repair/replace sidewalk in Loxwood St. adjacent to property of 2 Taunton St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mayor Konstantina B. Lukes on behalf of K & M Plumbing request sidewalk repair at 159 Water St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Ghassan Aswad request sidewalk repair in front of 6 Fruit St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of James Grinham of Worcester Realty Development request to repair/replace the sidewalk in front of 6 Plum St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Dennis L. Irish request sidewalk repair at 83 Mayfield St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Michael C. Perotto on behalf of Christine Astley request sidewalk repair at 16 Chalmers Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Richard Feldman request sidewalk repair in front of driveway at 7 Ardmore Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Marion Stefanski request sidewalk & step repair at 26 Carlstad St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Kathleen M. Toomey request repair/replacement of sidewalks in Ardmore Rd.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dr. Jeffrey Gallo, Trustee for 25 Oak Ave Condominium Trust, request resurfacing of the sidewalk on the easterly side of Converse St. from the corner of Kendall St. to the parking lot exit driveway: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Theodor van Stephoudt request sidewalk repair for 3 Mann St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Theodor van Stephoudt request sidewalk repair for 24 Hampden St.: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Gladys Howe request sidewalk repair at 54 Eunice Ave. due to tree root growth: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Mary O'Grady request sidewalk repair in Front St. from #10 to #30: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Dean Marcus request to repair/replace sidewalks in front of 28 to 30 Front St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Councilor Dennis L. Irish request sidewalk repair at 124 Amherst St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Renee Remington request sidewalk repair in front of 33 Arbutus Rd.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Edvard Trevant request sidewalk repair in front of 327 Hamilton St.: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Reverend Richard Jakubauskas request sidewalk repair in Waverly St. side of St. Casimir Church: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Petition of Frank Burgos request sidewalk repair in front of 62 Kinnicutt Rd.: recommend Petition be denied.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to Keep Worcester Clean (KWC) Activity Report for the month of June 2007: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Keep Worcester Clean Activity Report for the Month of July 2007: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the Economic Development Initiatives Monthly Status Report for August - September 2007: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication providing an update of the Economic Development initiatives - October 2007: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting communication relative to Economic Development Initiatives Monthly Status Report - November 2007: recommend Communication be placed on file.

REPORT OF THE COMMITTEE ON PUBLIC WORKS Upon the Communication of the City Manager transmitting informational communication relative to the discontinuance of a portion of Southgate Street: recommend Communication be referred to the Planning Board.

REPORT OF THE COMMITTEE ON RULES AND REGULATIONS Upon the Communication of the City Manager transmitting informational communication regarding an amendment to the rules of the City Council concerning the establishment of City Council Standing Committees: recommend adoption of the accompanying Order that the Rules of the City Council be amended by deleting in it's entirety the existing Rule 22 and inserting in it's place thereof the new Rule 22 as attached.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Communication of the City Manager transmitting informational communication relative to the Master Plan for Institute Park: recommend adoption of the accompanying Order that upon the recommendation of the Department of Public Works and Parks and pursuant to numerous public hearings held by the Parks and Recreation Commission, the City Council of the City of Worcester hereby accepts the Master Plan for Institute Park as designed to meet the needs and desires of the neighbors, citizens and organizations thatt currently use the existing facility and become a community endorsed "guidebook" for this Park.

REPORT OF THE COMMITTEE ON YOUTH, PARKS AND RECREATION Upon the Petition of Ryan Pinto et al request City Council give consideration to building a skateboard park in the Worcester Common Outlet area: recommend Petition be referred to City Manager for consideration

Order of Mayor Timothy P. Murray - That the ordinance relative to the Police Department License Board as it relates to taxi regulations be rescinded. (Tabled - Murray April 25, 2006)

Order of Councilor Barbara G. Haller and Councilor Gary Rosen - Request the City Manager take all steps to have the WRTA #11 bus rerouted to serve the Island part of Harding Street (south of Kelley Square) to take residents, especially the elderly, to and from the Route 20 Fair Shopping Plaza. Further request that this service be provided several times in the mornings and again in the afternoons, both outbound and inbound. This service was formerly provided by the old #4 Millbury City Line and eliminated on January 28th, 2006 creating a serious hardship and reduction in the quality of life for residents in the Green Island neighborhood. (Tabled - Haller August 29, 2006)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the REPORT OF THE COMMITTEE ON FINANCE Upon the Communication of James A. DelSignore, City Auditor, transmitting communication relative to the schedules showing estimated savings that would accrue to the City if certain changes were made to employee and retiree health plans by adopting MGL Chapter 32B Section 18 and by decreasing the City's share of premiums from 80% to 75% for various groups not affected by Section 18: recommend Report and Communication be placed on file. (Tabled - July 26, 2007)

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Communication of the City Manager transmitting communication regarding responses from the Administration to the orders from the City Council Standing Committee on Municipal Operations: recommend Communication be placed on file. (Tabled - July 26, 2007)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager be and is hereby requested to recommend to the City Council a plan to soften the burden of health care costs to the Medicaid eligible retirees of the City of Worcester and specifically request the City Manager consider increasing the city's contribution for eligible retirees from the present 75% contribution level to the 80% level so as to put them on par with the premiums paid by active employees. (Tabled - July 26, 2007)

CHAIRMAN'S ORDER FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager consider blending retiree costs for health insurance to a percent that equalizes percentage payments without increasing costs to the city. (Tabled - Rushton July 26, 2007)

Communication of the City Manager transmitting informational communication relative to the Adoption of Chapter 32B, Section 18, from The Segal Group, Inc. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication regarding the Orders posed at the Municipal Operations meeting of June 27, 2007 along with the Administration response. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication containing the Administration's responses to questions posed regarding Section 18 at the July 17, 2007 City Council Meeting. (Tabled - July 26, 2007)

Communication of the City Manager transmitting informational communication regarding additional responses from the Administration on Questions posed at July 17, 2007 City Council meeting regarding Chapter 32B, Section 18. (Tabled - July 26, 2007)

Communication of the City Manager recommending the Adoption of a Loan Order in the amount of Three Hundred Thousand Dollars And No Cents ($300,000.00) to be appropriated to Account #91C778, Providence Street Tot Lot, for the purpose of funding the construction of the planned playground at Providence Street. (Tabled - Lukes July 17, 2007)

Grant permission to NATIONAL GRID for conduit system in KANSAS ST. (Tabled - September 18, 2007)

Communication of the City Manager recommending a change to the City's Parking Ordinance to accommodate the parking needs of the Regional Justice Center. (Tabled - Rushton September 18, 2007)

Order of Councilor Barbara G. Haller and Councilor Michael C. Perotto - Request City Manager halt all plans to launch “Operation Yellow Box” in Worcester until such time that the full City Council publicly votes to support the project. (Tabled - Haller September 18, 2007)

Motion Clancy @ #4a CC - Request City Manager provide City Council with a report concerning the current conditions of the Lincoln Square Boys Club building and if there is any mold issues in that building.

Motion Toomey @ #4a CC - Request City Manager report to City Council the activity and status of building that is partially deconstructed on the property that was formerly St. Vincent Hospital.

Motion Haller @ #11a CC - Request City Manager provide City Council with an in depth report concerning its plan in detail as to how operation Yellow Box will be rolled out in the City of Worcester.

Motion Clancy - Suspension of Rules - Request City Manager provide City Council with a report responding to the use of access gate at terminus of City View St. for public events when in fact it should be only open for public emergencies and provide License Commission with this report.

Motion Haller - Suspension of Rules - Request City Manager provide City Council with a report that would include the regulations for removal of snow on sidewalk, how to report violations and what is a reasonable expectation for those non-walkable sidewalks to be corrected.

Motion Rosen - Suspension of Rules - Request City Manager provide City Council with a report concerning Gingerbread Trail as to why the street will not be plowed, sanded and salted by the Department of Public Work therefore emergency vehicles will not have access to this street.

Motion Lukes and Haller - Suspension of Rules - Request City Manager consider establishing a short time and focused task force on the Public Safety issues around the foreclosure impacts to our neighborhoods.

Motion Lukes and Haller - Suspension of Rules - Request City Manager confer with neighborhood leadership in defining the public safety concerns relative to foreclosed properties and in developing and implementing solutions.

Motion Lukes and Haller - Suspension of Rules - Request City Manager provide monthly reports to the council concerning structure fires in the city to include whether any structure fires occurred in vacant or foreclosed properties.